Boynton Bows To Court Ruling,

Approves Commercial Zoning

July 6, 1994|By ROBIN FIELDS Staff Writer

BOYNTON BEACH — It took awhile, but on Tuesday the commission finally finished a public hearing on a zoning dispute tabled in June 1991.

The hearing's outcome was never in doubt: The commission acquiesced to a June 3 Circuit Court ruling and amended Boynton's comprehensive land-use plan to give commercial zoning to a 30-acre parcel adjacent to Hunters Run, the city's premier golf community.

But first, Hunters Run resident Maurice Rosenstock had his say.

"We feel very honestly that the mind of one judge does not necessarily reflect good law," he said. "We object seriously to this."

Rosenstock told the commission that Hunters Run Golf & Racquet Club filed an appeal of the decision last Tuesday in the 4th Circuit Court of Appeal.

The zoning struggle between Boynton Beach and landowners Summit Associates Ltd. of Jupiter goes back 20 years. The city reluctantly agreed in 1973 to zone Summit's South Congress Avenue property for commercial use, but when Boynton's comprehensive plan was updated in 1989, the parcel was rezoned for office use.

Summit protested. The commercial zoning, which allows for uses like shopping centers, made the land more valuable. Hunters Run residents, however, argued that another commercial development on Congress would cause traffic problems and congestion.

In 1991, the city and the developers asked Circuit Judge Edward Fine to decide whether the 1973 agreement was binding.

Although Tuesday's vote was unanimous to obey the court's ruling, some commissioners indicated they acted to avoid more legal action despite their sympathy for Hunters Run residents.

"Is it not true that if we vote `no' we will have Son of Tradewinds?" Vice Mayor Lynne Matson asked, referring to the $8 million settlement the city is still paying because of a zoning dispute over another development.

"I hope you know you have our support," she said, speaking to Rosenstock.

The city's land-use amendment now goes to the state Department of Community Affairs for review.